Legal Opinion

Laura M. Watson, Stephen Rakusin, and the Rakusin Law Firm v. Stewart Tilghman Fox & Bianchi, P.A., William C. Hearon, P.A., Todd S. Stewart, P.A., Larry S. Stewart, individually, and William C. Hearon, individually

District Court of Appeal of Florida

Decided June 29, 2016No. 4D14-4599PublishedCited by 2 opinions

1Opinion of the CourtConner, J.

Appellants raise several issues in this appeal of a trial court order granting Ap-pellees’ motion for attorney’s fees pursuant to section 57.105, Florida Statutes (2014). Although we reverse as to one portion of the fees awarded, we affirm all other aspects of the award. We write to clarify the law regarding when a trial court, on its own initiative, may order a party to pay attorney’s fees pursuant to section 57.105. We hold that the trial court does not abuse its discretion in ordering a party to pay attorney’s fees pursuant to section 57.105(1), on the court’s own initiative, when a motion…

Also in this document: Concurrence.

2Cases cited7 opinions

  1. Santini v. Cleveland Clinic FloridaDistrict Court of Appeal of Florida · 2011
  2. Blue Infiniti, LLC and Jorge Diaz-Cueto v. Annette Cassells Wilson and Ricky WilsonDistrict Court of Appeal of Florida · 2015
  3. Lago v. Kame By Design, LLCDistrict Court of Appeal of Florida · 2013
  4. Gieseke v. GiesekeDistrict Court of Appeal of Florida · 1986
  5. Maxwell Bldg. Corp. v. Euro Concepts, LLCDistrict Court of Appeal of Florida · 2004

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3Cited by2 opinions

  1. DEXTER F. GEORGE v. NATHANIEL GILBERT and SUJITTAR SINGHDistrict Court of Appeal of Florida · 2019
  2. SAFECO INSURANCE COMPANY OF ILLINOIS, INC. v. REBECCA L. HEIKKADistrict Court of Appeal of Florida · 2020

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